How To Remove a Tenant in Missouri Without Filing an Eviction

February 11, 2025

If you need to move a tenant out of your property in Missouri without going through a formal
eviction, there are several legal and strategic approaches you can take. Your options will depend
on whether the tenant has a lease or is renting on a month-to-month basis.
Options to Remove a Tenant Without an Eviction Filing

1. Negotiate a Voluntary Move-Out (“Cash for Keys”)
   One of the quickest and least stressful ways to remove a tenant is to offer an incentive (e.g.,
   covering moving costs, forgiving past rent, or offering cash) in exchange for them voluntarily
   moving out by a specific date. This is called a “Cash for Keys” agreement and should be
   documented in writing to protect both parties.
2. Send a Formal Non-Renewal Notice (For Month-to-Month Tenants)
   If the tenant is renting month-to-month, you can legally terminate the tenancy by providing
   proper written notice:
   • Missouri law (§ 441.060 RSMo) requires at least 30 days’ written notice before the end of
     the rental period.
   • If the tenant does not leave after the notice period, they become a holdover tenant, and
     you may have to proceed with an eviction.
3. Issue a Lease Non-Renewal Notice (For Fixed-Term Leases Ending Soon)
   If the tenant has a fixed-term lease (e.g., a 12-month lease) that is expiring soon, you can provide
   written notice that the lease will not be renewed.
   • Missouri law does not require a specific amount of notice for non-renewal, but 30-60
     days’ notice is generally recommended.
4. Serve a Lease Violation Notice (If the Tenant Has Violated the Lease)
   If the tenant has violated the lease terms (e.g., damaging property, unauthorized occupants, non-
   payment of rent), you can issue a formal notice to cure or vacate.
   • Missouri law typically requires a 10-day notice for lease violations (§ 441.040 RSMo)
     before further legal action.
5. Offer Assistance in Finding a New Place
   Some tenants may be willing to move if assistance is provided, such as:
   • Helping them find another rental.
   • Providing references for new landlords.
   • Covering moving expenses (if it ensures a smooth transition).
   • Rental assistance referrals are available at https://mokslaw.com/tenant-resources/.

What If the Tenant Refuses to Leave?

If the tenant does not leave after a voluntary agreement, lease termination, or violation notice,
your only legal option is to proceed with an eviction filing in court.

• Do not engage in self-help eviction, such as changing locks or shutting off utilities—this
  is illegal in Missouri (§ 441.233 RSMo).
• If needed, our Firm can assist with the eviction process.
  How to Refer an Eviction to Anderson & Associates
  Please follow the steps below to refer an eviction matter to the Firm:

1. Go to https://mokslaw.com/.
2. Click on the “File a Case” button (located in the upper middle corner of the screen).
3. Fill out the case information, including:
   o Client Information
   o Billing Information
   o Property Information
   o Resident Information
   o Service of the Eviction Information
   o Reason for the Eviction
   o Collection Information
   o Acceptance of the Attorney/Client Engagement Agreement
4. Upload supporting documents, including the Lease Agreement, Ledger, and Notices.
5. Submit the case by clicking the green “Submit” button.
6. Our eviction team will promptly email you with a copy of your file and a 5-digit internal
   file number.
   If you have questions or need assistance drafting a non-renewal or move-out agreement, please
   reach out to us at julie@mokslaw.com or evict@mokslaw.com.  We look forward to assisting
   you!